RES-2013-039 RESOLUTION NO. 2013- 039
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1701 EAST KATELLA AVENUE FOR THE
PURPOSES OF THE KATELLA AVENUE IMPROVEMENT
PROJECT 1A (R/W ACQ 2011- 00410).
WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of
property located at 1701 East Katella Avenue, for the purposes of making public roadway
improvements pursuant to the circulation element of the General Plan of the City of Anaheim; and
WHEREAS, on March 5, 2013, after no less than fifteen (15) days written notice to the
owners of the Property referenced above, and more specifically described in the legal descriptions
attached hereto as Exhibit "A ", which legal descriptions are incorporated herein by reference
( "Property "), the City Council of the City of Anaheim held a hearing for the purposes of allowing the
record owners of such property reasonable opportunity to appear and be heard regarding the City's
identification of the "Project" as the Katella Avenue Improvement Project 1A. — State College
Boulevard to Lewis Street (the "Project "), and on the following matters:
A. Whether the public interest and necessity require the Project;
B. Whether the Project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
C. Whether the Property proposed to be acquired is necessary for the Project;
and
D. Whether the offer required by Government Code § 7267.2 had been given to
the owners of record;
and whether the City had properly exercised all of its statutory responsibilities and duties antecedent
to the exercise of eminent domain against the Property including review under CEQA; and
WHEREAS, the City Council, as a result of such hearing, has determined that the public
health, safety and welfare require that the City acquire the Property more particularly described
herein for the purposes of the Project; and
WHEREAS, the Project for which the Property to be acquired is sought has previously
been reviewed under applicable environmental review procedures in compliance with the
California Environmental Quality Act ( "CEQA ") by previously - certified Environmental Impact
Report No. 339 prepared for the revised Platinum Triangle Expansion Project for the Katella
Avenue Improvement Project 1A — State College Boulevard to Lewis Street; and
WHEREAS, the City of Anaheim is authorized to acquire the Property under authority of its
own charter, and Government Code §§ 37350.5 and 40404;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim,
California, that the City Council does hereby find, determine and declare upon evidence presented to
the City Council as follows:
SECTION I. The Project for which the property is being acquired is the Katella Avenue
Improvement Project 1 A — State College Boulevard to Lewis Street which consists of the widening
and improving of Katella Avenue and State College Boulevard, including installation of street
landscaping and public utilities. The Location of the Project is depicted generally in the project
precise alignment dated May 8, 2012 and presented to the City Council as part of the record of
hearing in this matter.
SECTION II. The Property to be acquired is located within the City at 1701 East Katella
Avenue, (Assessor Parcel No. 082 - 261 -07). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following:
A. A permanent roadway easement approximately 2,553 square feet, for street
and public utility purposes, as more specifically described in Exhibit "A" and
depicted in Exhibit "A -1" attached hereto.
B. A temporary construction easement over approximately 28,971 square feet of
Property, more specifically described in Exhibits "C" attached hereto. The
temporary construction easement shall consist of the interests described
below:
The temporary construction is a nonexclusive easement which permits City of
Anaheim, its officers, agents, employees, and contractors, to enter upon,
occupy, and pass over the temporary construction easement area more
specifically described in the legal description, attached as Exhibits "C ",
approximately 28,971 square feet, and depicted in Exhibits "C -1" attached
hereto, as deemed reasonably necessary for all purposes incidental to
reconstructing and widening Katella Avenue and State College Boulevard in
accordance with the approved street construction on the Project. The
temporary construction shall include the right to perform within the
temporary construction easement area, any necessary excavation; grading;
construction of driveways; earth fill; compaction; installation of concrete
forms; landscaping; irrigation; utility and sign relocation; accommodation of
private drainage facilities; parking area reconfiguration; placement of
temporary striping along front of building and vehicular travel; slurry sealing
and striping of entire parking lot and site clean -up; and deposit of tools,
-2-
equipment, and material for all such necessary activities which are reasonably
incidental to the work being performed on said property in connection with
the Project.
Such incidental activities shall include, but not be limited to, utilizing the
temporary construction easement area for adjusting grade differences between
the planned street and the adjoining real property and/or matching existing
concrete and/or asphalt paved areas, and/or natural grade areas, or such work
as may pertain to on -site improvements by Public Works to render the
temporary construction easement area or the larger parcel to which it pertains
in the same functional condition as reasonably practicable to the condition
before the Project in terms of access, irrigation, and relation of public right of
way improvements to the larger parcel.
The temporary construction easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be
performed on site in connection with the Project, nor block all vehicular
access to the larger parcel of property of which the temporary construction
easement area is a part, nor exercise the uses of the easement outside of the
temporary construction easement area. In connection with the exercise of the
temporary construction easement rights hereunder, City shall protect all
structures on the temporary construction easement area in place, and shall
protect or restore all improvements thereon.
The rights granted hereunder shall commence fourteen (14) days after written
notification to the property owner of the commencement of construction of
the project and shall continue in full force and effect until written notice to
the owner of record that the temporary construction easement is no longer
needed by the City, or thirty-one (31) days after notice of the initiation of the
temporary construction easement, the temporary construction easement area
shall be restored to a condition that is a functionally equivalent as is
practicable to its condition prior to the commencement of the work,
consistent with the Project as designed and as to be constructed.
SECTION III. The public interest and necessity require the Project, in that the City's General
Plan, and specifically the City of Anaheim Planned Roadway Network, calls for the improvement of
Katella Avenue and State College Boulevard in the manner contemplated by the Project. The Project
is designed to relieve regional traffic congestion and improve the capacity of the street, which will
require continuity in the roadway alignment and traffic handling capacity of the streets.
SECTION W. The Project is located in a manner most compatible with the greatest public
good and least private injury, in that the design of the roadway widening must of necessity occupy
land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the
-3-
alignment of the road for all users. The property to be taken for the Project is necessitated and
established by the street alignment in an effort to minimize any disproportionate burden or impact of
the required property being taken from individual property owners, and the temporary construction
easements acquired will allow the Project to be built without sacrificing existing building
improvements on the remaining property. The Project is designed in a manner compatible with the
greatest public good, in that the Project will involve road widening, undergrounding of utilities, and
upgrading parkway landscaping, along with drainage improvements. This will enhance the utility of
the area and help improve traffic circulation.
SECTION V. The Property is necessary for the proposed Project, in that the roadway
widening must occur on property immediately adjacent to the existing roadway.
SECTION VI. The offer required by Government Code § 7267.2 has been made to the record
owners, by way of letter dated December 12, 2012. Staff has attempted to negotiate with the record
owners subsequent to this offer, but such negotiations have not proved successful in securing the
necessary property interests outside of more formal proceedings.
SECTION VII. To the extent any of the property to be taken herein is devoted to a public
use, the City finds that the proposed use for the Project is compatible with, or more necessary to,
such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil
Procedure §§ 1240.510 and 1240.610.
SECTION VIII. The Project has been reviewed and approved under applicable
environmental review procedures in compliance with the California Environmental Quality Act
( "CEQA ") by previously - certified Environmental Impact Report No. 339 prepared for the revised
Platinum Triangle Expansion Project, referenced in the Notice of Hearing which was sent in
connection with this Resolution. The City Council finds and determines that since the time of that
certification there have been no subsequent changes with respect to the circumstances under which
the Project is to be undertaken, no new information of substantial importance regarding significant
effects or mitigation measures or alternative which has become available, and no subsequent changes
have been proposed in the Project which would require important revisions to the negative
declaration such that no further environmental review attending this proposed acquisition is
necessary.
SECTION IX. The law firm of Rutan & Tucker, LLP, special counsel for the City of
Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the
City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for
acquisition of the Property described herein, and to prepare and file such pleadings, documents, and
otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for
the City the Property. Such attorneys are specifically authorized to take whatever steps and /or
procedures are available to them under the Eminent Domain Law of the State of California,
including, but not limited to, seeking orders for prejudgment possession of the property. The City
-4-
Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may
deem appropriate.
(Remainder of page intentionally left blank; signatures on next page)
-5-
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 5 day of March, 2013, by the following roll -call vote:
AYES: Mayor Tait, Council Members Eastman, Brandman, Murray, Kring
NOES: None
ABSTAIN: None
ABSENT: None
CITY NAHEI
MA OR OF TH CITY OF ANAHEIM
ATTEST:
ilitlA fak_OltlI.
CITY CLERK OF THE CITY OF • NAHEIM
93697.1/bmorley
-6-
EXHIBIT "A"
EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES
A.P. NO. 082-261-07
ACQUISITION NO. 201 1- 00410
•
THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT LLA 0000590, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED JUNE 02,
2006 AS INSTRUMENT NO. 2006000372625 OF OFFICIAL RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT TIIE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG
THE .WESTERLY LINE OF SAID PARCEL 2 NORTH 00° 12' 23" WEST 28.00 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 45° 07' 42" EAST 22.66 FEET;
THENCE NORTH 89° 57' 49" EAST 158.73 FEET ALONG A LINE PARALLEL WITH AND
12.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE
LEAVING SAIL) PARALLEL LINE NORTH 46° 19' 52" EAST 17.49 FEET; THENCE
NORTH 89° 47' 37" EAST 4.14 FEET TO A POINT ON THE EASTERLY LINE OF SAID
PARCEL 2; THENCE SOUTH 00° 12' 23" EAST 24.08 FEET ALONG SAID EASTERLY
LINE TO THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE LEAVING SAID
EASTERLY LINE SOUTH 89° 57' 49" WEST 191.57 FEET ALONG SAID SOUTHERLY
LINE TO THE POINT OF BEGINNING.
CONTAINING 2,553 SQUARE FEET, 0.059 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBITM ATTACHED HERETO AND
MADE A PART HEREOF.
1. LAND - 4‘v
l/% _ � k' G ,
THEODORE M. KRULI.,_ LS 5848 EXP. 12/31/12 DATE (c'-- '' E Z. 702 x
I No.5848 .*
`f'l �) �Q
9 rF 0F CAL °
. .
EXHIBIT '4r
EASEIviEIVT FOR STREET AND PUBLIC UTILITY PURPOSES
BASIS OF BEAR I ING
THE BASIS OF BEARINGS IS THE PORTION OF
CENTERLINE OF KATELLA AVENUE P.M. 6 -44
N89'57'49 "E PER P.M.B. 57/1 P.O.B.
RECORDS OF ORANGE COUNTY <N00' 12'23 "VJ> N00' 12'23 "W 28.00'
( --<60.00'> - --..„ 1/4 [N00'12'23 "WJ
•
L E G E\ D ( '- LL 2
- INDICATES LIMITS OF S45'07'42 "E 22.66'
EASEMENT FOR STREET I 12.00'
AND UTILITY PURPOSES
r-,
(2,553 SF) N i.
J o if-) +�
< > - INDICATES RECORD PER '' O.) r PARCEL 2
P.M.B. 57/1 Q L.L. o o ADJ. LLA 0000590
a_ o u INST. NO.
[ ] - INDICATES RECORD A Li • 2006000372625 O.R.
PER L.L. ADJ. r z --) � ' - ` t
0000590 INST. NO. W I ° , W (AP 082 - 261 - 07)
2006000372625 O.R. W J • N J M
Z —I 2 i AN EASEMENT FOR
Lu W z PUBLIC UTILITY
cn PURPOSES .PER INST.
.- Q �, z
g N0. 91- 467074 O.R.
I N
E'LY LINE PARCEL 2
co J _ -co I L.L. ADJ. 0000590
��`����� LA p Imo- r�� / L.L.
[NO0' 12'23' ":
,, 5 Q Cs E 4 4 9 . `-
d �, �G F� ,.....,-�
RIGNEY WAY
a � (, *, j ° 7- r 3 5 N (PRIVATE STREET)
N
s�gr�o�`; o o PARCEL 1
• °F cAt\F ° N L.L. ADJ. LLA 0000590
W _ - —
<NOO'12'23 "W> INST. NO.
— 1 2006000372625 O.R.
Q STATE COLLEGE BLVD. -
L _ NEIE Z .-.--
g.
8 ' SCALE: 1 "= 50'
.8
'0 0 25 50
SCALE 1 ' 50,
reuzer 3zonwNS Er SKETCH TO ACCOMPANY
n� �ltin UMTC� A L FGA DFSC ! PT JON DRAWN BY J0 /EG
__._...' SEAL BEACH, CA 90740
roup 714-65e0160 KATELLA AVENUE
CHECKED BY TK
5 APPROVED BY A.P. O. 082 261 -07 DATE 04- 11-2012
N
' - z 4 ' iZ ACQ. NO. 2011-00410 JOB NO.
100.009
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 082-261-07
ACQUISITION NO. 2011 -00410
THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT LLA 0000590, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA; RECORDED JUNE 02,
2006 AS INSTRUMEN "I' NO. 2006000372
006000372.625 OF OFFICIAL RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 2 NORTH 00° 12' 23" WEST 28.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
WESTERLY LINE NORTII 00° 12' 23" WEST 196.46 FEET TO THE NORTHERLY LINE
OF SAID PARCEL 2; THENCE LEAVING SAID WESTERLY LINE NORTH 89° 57' 49"
EAST 191.57 FEET ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF
SAID PARCEL 2; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00° 12' 23" EAST
LINE
69.46 FEET ALONG SAID EASTERLY IIN H��06' S 26 iD EAST 79 9 FEET;
SOUTH 89° 50' 09" WEST 144.96 FEET THENCE SOUTH 0
THENCE NORTH 89° 45' 49" EAST 138.10 FEET; THENCE NORTH 00° 12' 23" WEST
15.23 FEET; THENCE NORTH 89° 47' 37" EAST 7.00 FEET TO SAID EASTERLY LINE;
THENCE SOUTH 00° 12' 23" EAST 66.38 FEET ALONG SAID EASTERLY LINE; THENCE
LEAVING SAID EASTERLY LINE SOUTH 89° 47' 37" WEST 4.14 FEET; THENCE SOUTH
46° 19' 52" WEST 17.49 FEET; THENCE SOUTH 89° 57' 49" WEST 158.73 FEET ALONG A
LINE PARALLEL WITH AND 12.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID
PARCEL 2; THENCE NORTH 45° 07' 42" WEST 22.66 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 28,971 SQUARE FEET, 0.665 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBITC4' ATTACHED HERETO AND
MADE A PART HEREOF.
5 RE
/ / f 5 0 M s
_ r l/ o
`� ! 2. •
TI- IEODORE M. KRULL, LS 5848 EXP. 12/31/12 DATE Exp l
NO. 5848
• 4 ,..
F OF caul
EXHIBIT '6:1"
TEMPORARY CONSTRUCTION EASEMENT
CN
BASIS OF BEARING
W0
THE BASIS OF BEARINGS IS THE PORTION OF o °
CENTERLINE OF KATELLA AVENUE n P M 6_44 a o PARCEL 2
N89'57'49 "E PER P.M.B. 57/1 w L.L. ADJ. LLA 0000590
RECORDS OF ORANGE COUNTY Jo INST. NO.
LEGEND IN _./.\ >- a .20060003726,25 O.R.
a o c.3 N o J (AP 082- 261 - 0 7 )
////, - INDICATES Z • ° 0 ° o 00 T.P.O.B.
LIMITS OF v v z N
EASEMENT FOR N00' 12'23 "W 196.46' .
STREET AND �° 66' ��
UTILITY it: N45'07 42 W 22.
PURPOSES , ����
28,971 SF) / /// / S00'06 6"E
12.00 79.95
< > - INDICATES N
RECORD PER 'O/ w rn
P.M.B. 57/1 coo ri� o / vo / rn Ed [ ] - INDICATES ^ � W � ,n a ' �. _ N o � / w
RECORD PER o / , ro N o - rn . o / _ :
L.L. ADJ. 1; Z �o !� ' , /. .- � o coo Z � / �.
0000590
r"). L.3.1 0 rn � i N /� 1-1-1 Q ��wo /�
INST. NO. N i > Z-; Nt .T - ` n i^ a' w a o -6 >- 2000000372625 `Z _ o � , ° ' / r w . o _, co
Q � ,/rn in N r° z� p /zJ z
r oo . io
O.P. � �.� � � i � - r� I Ul ,P }- , / I 2j LJ J " A
; ./ ,s z i Ad, i 1
;, c `4 A -.. �'� ' _J 500'12'23"E 11141PPIPP.-
<j 4 ~ /,2 �,z � 1 66.38' 14- * r�No CAM '> [N00' 12'23 "W 224.46] ,
M
s� 47 7-) ..• , P ARCEL 1 : " cD
1- 91 , 1- 91 , r (0 ° L.L. ADJ. LLA 00005 90 0
s Q. STATE - . INST. NO.
` u - <NOO' 12 " W> 2006000372625 O.R. cn
�
COLLEGE BLVD PARCEL 3
L.L. ADJ. LLA 0000590
c&= INST. NO.
°s SC , G 2006000372625 O.R.
Lo 90
- SCALE 1" c GO'
reuzer azoru,NSTREET
SKETCH TO ACCOMPANY
UNRD
A LEGAL DESCR 1 PT 1.ON DRANN eY J OVEG
OP.SJitir±n
SEAL BEACH. CA 90740 TEMPORARY CONSTRUCTION CHECKED BY TK
roue z�5c-0 sso,6o
4 . : DATE 4 -11 -2012
APPROVED BY. A.P. NO. 082.26 -07
. a 7 ' / /-
. -j 17__ ACQ. NO. 2011700410 JOB NO. 100.009
LI